Legal Guide

Understanding the Modalities of Personal Injury Claims in Florida

Florida has witnessed hundreds of thousands of personal injury claims in the last few years. These claims typically arise from an aggrieved party who has suffered harm due to someone else’s recklessness or negligence. This could be in the form of negligence from medical staff, hazards at work, product defects, car and bike accidents, among others.

If you want to file a personal injury claim in Florida, you should get legal guidance. The right legal help can ensure your rights are protected and get you fair compensation for your injuries. But first, you need to understand how personal injury claims work in Florida, as we explain below.

How to Carefully Navigate Personal Injury Claims

Every personal injury claim has four elements that the plaintiff must prove to secure recovery of damages. The most important is the care duty, a breach of it, causation, and damages suffered as a result of the breach.

  • The duty of care: The defendant or liable party owes the plaintiff or injured party an obligation to act reasonably and prevent harm. This obligation is legally referred to as a duty of care.
  • Breach of the duty of care: The plaintiff must show that the defendant breached their duty of care, which led to their injuries.
  • Causation: In every personal injury claim, it is the duty of the plaintiff to show a relationship between injuries suffered and the defendant’s breach of care duty.
  • Damages: Lastly, the plaintiff must have suffered actual injuries to get compensation, including lost wages, emotional distress, medical expenses, and more.

Evidence Collection

Personal injury claims thrive on evidence; that means your success depends on the quantity and quality of evidence you present. Vital evidence needed to win can include official police reports of the accident, medical treatment records, and workplace accident reports. The form of evidence obtained will depend on the type of case; for auto accidents, for example, you need police reports.

Statements from witnesses are also valuable pieces of evidence as their testimony provides crucial support for the plaintiff’s account of the event. Also, clear and detailed videos of injuries, property damage, the accident scene, and contributing hazardous conditions are vital.

Sometimes, you may need to consult professionals to provide expert views on damages and liability. In all cases, ensure you keep records of all expenses made regarding your injuries, including out-of-pocket expenditures and medical bills.

Settlement Negotiations With Insurance Companies

Personal injury cases typically involve insurance companies, especially if the at-fault party has liability insurance coverage. Insurance adjusters are only loyal to the insurance company they work for and, in many cases, their clients. Their main goal is to minimize the company’s financial liability, which means attempting to devalue or deny your claim.

When negotiating a settlement with insurance adjusters, do not provide recorded statements without legal counsel. 

“Never apologize or admit fault for any part of the incident, as they can use this against you later. Do not accept any settlement offer, no matter how big it seems, without first consulting a legal practitioner,” says injury attorney Timothy B. Perenich of Perenich Law Injury Attorneys.


The modalities of personal injury claims are peculiar to the state in which they are occurring. Therefore, if you intend to work with an attorney, ensure they understand Florida’s personal injury law. Better still, choose a lawyer based in Florida; they are familiar with the laws, courts, and processes.

Overall, personal injury lawyers understand the nuances of the law; they ensure the proper evaluation of your claim. Personal injury claims tend to involve long and tedious proceedings, even if they do not go to trial. 

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